South Sudan’s Chief Justice, Chan Reec Madut, has been implicated in serious corruption allegations since independence. Some relate to the recruitment process within the judiciary. Others relate to overstepping the bounds of his judicial role by encroaching on the executive’s domain.
In 2013, for example, Chief Justice Madut appointed 78 legal assistants, including his daughter, without following the proper recruitment processes. The legal assistants were handpicked, not hired on merit.
These issues of corruption within the judiciary have prompted some judges to resign from office. Justice Clement Kuc was the first to resign in 2013. In his resignation letter (reported by various news outlets), he accused Madut of “nepotism, favouritism, and lack of strategic direction” for the judiciary.
The East African
Friday April 09 2021
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The Security Council can only lift the arms embargo on South Sudan when the 2018 peace agreement is fully implemented, UN Secretary General Antonio Guterres has said.
In the latest report on benchmarks to assess the arms embargo in South Sudan, Mr Guterres said that the major matters that should be fulfilled include establishment of the Revitalized Transitional Legislative Assembly, Commission of Truth and Reconciliation, full formation of States governments and the unification of forces into one professional army.
“This perspective is fully in line with paragraph 4 of resolution 2521 (2020), in which the Security Council expressed its intention to review the arms embargo in light of progress achieved in implementing all provisions of the agreement, and adherence to the Cessation of Hostilities Agreement.
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I was puzzled to hear that the Parties to the Revitalized Agreement have intentionally decided to abandon the core issues of constitutionalism and rule of law in South Sudan, their assumption is that the Presidency can sit and decide on issues related to the agreement including even amending the Agreement or Constitution without due process. Little did they know that there are clear provisions in the Agreement and the Constitution on how to amend these important documents. The Presidency or the Parties has no Constitutional power or mandate to wholesomely without Parliament approval amend the Agreement or the Constitution and if any amendment to these documents happened without the due process, shall be declared null and void.
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